M/S.Swarnakamal Jewels (India) Pvt Ltd v. Assistant Provident Fund Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 4719 of 2015 (L) -------------------------------------- PETITIONER(S):

---------------------- M/S.SWARNAKAMAL JEWELS (INDIA) PVT LTD, BAKER JUNCTION, KOTTAYAM, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.JOJO JOSEPH BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS RESPONDENT(S):

------------------------- 1.

ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOTTAYAM-686601.

2.

EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, SCOPE MINAR, CORE II, 4TH FLOOR, LAXMI NAGAR DISTRICT CENTRE, LAXMI NAGAR, NEW DELHI-110092.

BY SRI.JOY THATTIL ITOOP, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 4719 of 2015 (L) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS ------------------------------------ P1:

COPY OF THE ORDER DATED 15/12/14 PASSED BY THE R1 P2:

COPY OF THE APPEAL MEMORANDUM DATED 9/2/15 (WITHOUT ANNEXURES) FILED BY THE PETITIONER BEFORE THE R2 RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.4719 of 2015 - L ====================== Dated this the 13th day of February, 2015

J U D G M E N T

Ext.P1 is an assessment order passed against the petitioner under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for brevity, 'EPF & MP Act'), against which, petitioner filed Ext.P2 appeal before the 2nd respondent. Appeal is pending before the 2nd respondent. In the meanwhile, coercive proceedings have been initiated. It is in this context, the writ petition has been filed. The petitioner also contends that at present there is no presiding officer in the Tribunal.

2. In the above circumstances, it is only proper that, the coercive proceedings be stayed until orders are passed in Ext.P2, which order shall determine the matter

W.P.(C) No.4719 of 2015 - L thereafter. There shall be a stay of recovery on condition of the petitioner paying 30% of the amounts, subject however to the final orders passed in the appeal.

Writ petition disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge